The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-07-20

excused by the prosecution. James w. Hinkie,
of Sullivan county. was called; he takes the Sui
Ivan Democrat. Mr.. Hinkle was excused by
Mr.. Blyfeld. / M. Kester, of Vieo county,
was called He said he had slight acquant-
ance with one OF the defendants, Mr. Bern
hamer. He had read ei the case in the news
papers. This witness said he had been feeling
sick since his arrival.
1--WE don't want to get any sick men on this
jury. remarked Judge Woods.
Samuel A. Donnell was excused and David b.
Dinsmore, of Vermillion county. was called.
Mr.. Jacoby was excused. James d. Fear, Tip
ton county, was called He had read about the
case in the papers. He takes the indianapolis
Journal and Evening News. Mr.. Digs was ex-
cused by the defense and John +. Hunt. OF YER
million county was called. Mr.. Eunr said he
had never read or talked abo0. tho case-didn't
think he ever heard of the case before. He takes
the Indianapolis Sentinel and Hoosier State. but
doesn't read politics. Mr.. Kesster was excused
at this point Willard S. Bowen, of LaPorte.
was called
II suppose said attorney Byfeld, ''that is
the end of our troubles selecting the jury
Each side has exhausted It's resources, be-
lieve."
II thought perhaps you were through" re-
marked the Court. with a smile.
Mr. Sellers and Mr.. Claypooi retired moment
for consultation.
Mr.. Byfeld-Mr Perkins's plealhas been en-
tered as guilty. The others plead not guilty.
The Court-His case is not finally disposed OF,
but he Is not on trial This may be a hard and
continuous service. If any man knows any thing
that may break him down by serving on the
jury-any physical disability-he may speak
of 1t.
was an old man-would be sixty-eight in Sep
TENDER. and doubted his ability to stand a long
trial The court said he was inclined to excuse
him and Samuel Nicholson, of Sullivan county,
was called. George Nicholson, of Miami county,
said he would like to be excused, that he was
seventy-one years old and had come away, leav-
ing nobody on his place but his wife and boy.
The court excused him from serving. Harvey
Fulwider of Columbus a druggist, q man about
fortv-two years DID, took the vacated chair
Willard 5. Bowen here rose in the jury box.
- our honor" said Mr.. Bowen. Il am farmer.
have come here leaving no one except my wife
at home to see to things. and have good deal
of business. I'm liable to lose from 5000 to $500
II stay here any length of time. have a car
load of hogs, fat, ready to ship and this hot
weather l am likely to lose them all.
Il don't think" said the Court, Il can excuse
you, unless by agreement of both sides"
The prosecution was willing. but the defense
said nothing and the unfortunate owner of fat
swine was retained upon the jury.
The oath was then administered to the twelve
men in the box by Clerk Butler. Addressing
them, the court said Gentlemen of the Jury:
For the present, at least-probably during the
whole trial-you will be kept together under the
charge of bailiffs put over you by the marshal
You will be supplied with cots and bedding and
have this room and one adjoining. The marshal
will provide for your board. He WILL wherever
he may take you, provide you tables by your
selves If, at proper hours, when court is not
in session, you desire recreation, you will
go In charge or the balilH 20 University
Park. You will keep together, and you are not
to talk among yourselves about this case, or to
form any opinion about it, until you have heard
it all You will be careful that no one speaks to
you about this trial or anything connected with
it. If ybody attempts to do so. report the fact
to the judge of this court 1t will also be a grave
ofense on the part Of the jury not to report such
an attempt. have no right to sneak to you,
has the baiffs, clerks anyone else, and if any
body attempts to do 80. report it,"
juror. alarmed at the solitude that was clos
ing in around the jury, here said in trembling
tones that he had left his satchel at q house
where he had engaged board.
The Court soothed his feelings by holding out
the promise that his satchel was not to be lost
him forever, and added ''you will be allowed to
see books. periodicals and papers, except papers
of this city that have reports of this trial."
The prospect of so rare literary treat-all
the papers without any news in them-did not
strike any of the audience act demanding
any great amount Of thanks on behalf of the Jury
and the jury themselves looked rather gloomy
over the prospect, as they were taken in charge
by Marshal Hawkins until o'clock this morn
ing, at which hour the court willime